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MACK v. HOMER BD OF APPEALS

7 Misc.3d 607 (2005)

790 N.Y.S.2d 361

KENNETH MACK et al., Petitioners, v. BOARD OF APPEALS, TOWN OF HOMER, Also Known as TOWN OF HOMER ZBA, et al., Respondents.

Supreme Court, Cortland County.

January 21, 2005.

Attorney(s) appearing for the Case

Riehlman, Shafer & Shafer, Tully (Matthew R. Neuman of counsel), for petitioners.

Patrick M. Snyder, Town Attorney, Cortland, for respondents.

Scott F. Chatfield, Marietta, for Michael J. Sweeney and another, respondents.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

Respondent Michael Sweeney is a licensed pest exterminator, who for some time had operated his business from his home in the Town of Homer. When he and his wife, respondent Kelli Sweeney, moved to a new location in the town, he sought a ruling from the Town Code Enforcement Officer (CEO) as to whether his vocational activities would fall within the applicable definition of a "Home Professional Office," which is...

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